Murphy v. Old Colony Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained on February 17, 1907, by a • fall from a pole of the defendant when the plaintiff was "at work as a lineman in the defendant’s employ, the declaration containing counts at common law and under the employers’ liability act as described in the opinion. Writ dated June 3, 1907. In the Superior Court the case was tried before White, J. The evidence is described in the opinion.
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Tort for personal injuries sustained on February 17, 1907, by a • fall from a pole of the defendant when the plaintiff was "at work as a lineman in the defendant’s employ, the declaration containing counts at common law and under the employers’ liability act as described in the opinion. Writ dated June 3, 1907. In the Superior Court the case was tried before White, J. The evidence is described in the opinion. At the close of the evidence the judge, granting a motion in writing to that effect filed by the defendant, ordered a verdict for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtCarroll, J.
The plaintiff, an experienced lineman, while in the employment of the defendant, was injured severely by falling from a pole in Fall River, about 4 o’clock Sunday morning, February 17, 1907. He contended that he was injured by reason of an , electric shock and an electric burn on his heel, when in contact with the defendant’s telephone wires, causing him to lose consciousness and fall; the defendant contended that the plaintiff did not receive a burn or shock, but fell by losing his balance while standing on a cross arm of the pole. The judge ordered a verdict for the defendant.
The defendant…
2Cases cited10 opinions
- Coin v. John H. Talge Lounge Co.Supreme Court of Missouri · 1909
- McCafferty v. Lewando's French Dyeing & Cleansing Co.Massachusetts Supreme Judicial Court · 1907
- Grebenstein v. Stone & Webster Engineering Corp.Massachusetts Supreme Judicial Court · 1910
- Hooe v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1904
- Hopkins v. O'LearyMassachusetts Supreme Judicial Court · 1900
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3Cited by2 opinions
- Taylor v. Newcomb Baking Co.Massachusetts Supreme Judicial Court · 1945
- Waitkus v. MoroneyMassachusetts District Court, Appellate Division · 1944